Divorce procedures can take a long time which can be expensive and emotionally tiring. You may want to have your divorce finalized as soon as possible to move on with your life. An uncontested divorce, where the two parties agree on key issues, is often the quickest way to end a marriage.
During an uncontested divorce, both spouses must agree on the following key issues:
- Grounds for divorce
- Child custody, support, and visitation
- Division of assets and debt
- Spousal support, and
- Tax deductions
Because Kentucky is a no-fault divorce state, the only legal reason to file for divorce is that the marriage is “irretrievably broken.” Using this as your grounds for divorce, you acknowledge that your relationship is damaged beyond repair.
The divorce process tends to be time-consuming due to heated negotiations and resentment. However, you can reduce the number of back-and-forth arguments between you two by filing for an uncontested divorce. If you have any minor children, it may take more time as there could be additional requirements that take weeks to fulfill.
Who should consider an uncontested divorce?
Divorce is never easy, but there are times when a couple can reach a compromise that helps make it a little less difficult. An uncontested divorce is often the better choice for couples who:
- Have children and want to shield them from family drama
- Want to minimize court time and legal fees
- Were married for a short time, and
- Are comfortable discussing issues
In unusual circumstances, such as when you cannot locate your spouse, the court may award you with an uncontested divorce.
Kentucky’s mandatory waiting period
Before filing for an uncontested divorce, you must have lived in Kentucky for at least 180 days. Secondly, the court will require you to live apart from your partner for 60 days before finalizing your divorce. Couples who share a residence can still meet this requirement, provided that no “sexual cohabitation” happens.
These are the minimum amounts of time that must pass before the court can make an uncontested divorce official, but other factors may cause it to take longer, depending on your case. If you and your spouse are struggling to compromise on important issues, it may be beneficial to seek out the services of a professional.
